Ex Parte Gregerman

OPINION

HUDSON, Justice.

Appellant, Andrew Ross Gregerman, appeals the pre-trial denial of a writ of habeas corpus based on double jeopardy grounds. In his sole point of error, appellant argues that, because an administrative law judge determined the Department of Public Safety (DPS) failed to establish he was intoxicated while driving, collateral estoppel bars the State from relitigating the issue of intoxication at his criminal trial for driving while intoxicated (DWI). We affirm.

Appellant was arrested for DWI at the scene of a traffic accident near his home. Because appellant refused to give…